March, 23 2009, 03:02pm EDT
Bahrain: Coerced Testimony Taints Trial
Charges Against 35 Political Opponents Also Marred by Lack of Evidence, Overbroad Laws, Trials in Absentia
NEW YORK
Bahrain's use of televised, coerced testimony and other serious flaws in the criminal trial of an opposition leader and others shows contempt for the right to a fair trial, Human Rights Watch said today.
Human Rights Watch said that all coerced testimony in the trial of Hassan Mushaima, leader of the political opposition group Haq, and 34 others should be withdrawn and that those not charged with a genuine criminal offense should be freed.
"The televised statements of young activists detained without access to lawyers smacks of coercion and should be tossed out of the courtroom," said Joe Stork, deputy director of the Middle East and North Africa division at Human Rights Watch. "Their use makes a mockery of government claims of providing Haq members a fair trial."
On December 28, 2008, state-controlled television showed a program in which young opposition activists who had been held incommunicado for weeks "confessed" to committing violence at a Haq rally ahead of Bahrain national holidays on December 16 and 17. The broadcast accused Mushaima of inciting violence as part of a plot to overthrow the government during these holidays.
The televised testimony is a key element in the prosecution's case involving various charges against Mushaima and 34 others. The trials began in February and resume on March 24, in Manama, the capital.
Large portions of the February 23 court proceedings were omitted from the official trial record, said a defense lawyer, Jalila al-Sayed, including detailed torture allegations by many of the 19 defendants then present. She told Human Rights Watch that they testified that they had been beaten with water hoses and on their feet, and tortured with electricity, especially on their genitals. Several reportedly said all their clothes were removed, and one alleged being threatened with sexual assault.
In the broadcast, which is accessible on the internet, several young men are shown and identified by name, admitting to throwing stones, shouting slogans, and setting street fires. They repeat allegations that Mushaima, the secretary-general of Haq, prompted and persuaded them to "continue the fight." The broadcast was divided into five sections, one of which was headlined "Terrorism and the Industry of Death" (al-irhab wa sina'at al mowth). Some of the detainees said, though, in a February 23 court session that their confessions were coerced.
A Ministry of Foreign Affairs spokesman, Sheikh Abd al-Aziz Bin Mubarak Al Khalifa, defended the broadcast. "With all the facts that we have we believe that we were entitled to put the public at firsthand knowledge," he told Human Rights Watch. Mai Al Khalifa, the minister of culture and information, told the media that the ministry was complying with a "judicial order" of the public prosecutor when it broadcast the "confessions."
Some of the 35 defendants were arrested before the holidays, after a Haq-sponsored rally in Manama that ended with stone-throwing and tires being set on fire in the streets. Three of the defendants, including Mushaima, were arrested without warrants at their homes in the early hours of January 26. The others are Abd al-Jalil al-Singace, who heads Haq's human rights unit, and Muhammad al-Moqdad, a cleric. The three face various charges, the most serious being "inciting violent overthrow of the government using terrorist methods."
Thirteen are believed to be abroad and are being tried in absentia. Human Rights Watch opposes in absentia trials in virtually all circumstances as violating the right of defendants to challenge the evidence against them.
Lawyers told Human Rights Watch that none of those in custody were informed of the charges against them until February 10. Nineteen of the 35 defendants, including Mushaima, remain in solitary confinement, a lawyer for the group told Human Rights Watch.
Mushaima faces the most serious charge of "forming, leading, providing necessary monies, and training an illegal organization whose purpose is the advocacy of disrupting provisions of the law and which uses terrorism as one of its methods," under article 6 of Bahrain's counterterrorism law (58/2006). He has been ordered to remain in detention until the court reaches its decision, and faces possible life imprisonment if convicted.
He and Singace are also charged under article 165 of the 1976 Penal Code with "inciting hatred against the system of government, using violence to distort the government, discrediting the government's reputation through publications and speeches, and trying to convince others to join in this effort." Singace also has been charged under the 1976 Penal Code with "joining an organization outside the provisions of the law whose purpose is the advocacy of disrupting provisions of the Constitution and the law and to knowingly undertake terrorist operations."
Bahrain's obligations as a party to the International Covenant on Civil and Political Rights include the right to a fair trial. Bahrain has also ratified the Convention against Torture, which prohibits torture and other ill-treatment under all circumstances and prohibits the use of statements made as a result of torture as evidence in legal proceedings.
"The overly broad and ambiguous language of Bahrain's counterterrorism law and penal code allow the government to criminalize the basic rights to freedom of expression and association," Stork said. "The government, for political purposes, seems to have turned a matter of stone throwing and lit tires into a conspiracy to overthrow the government without any evidence to prove it."
Human Rights Watch is one of the world's leading independent organizations dedicated to defending and protecting human rights. By focusing international attention where human rights are violated, we give voice to the oppressed and hold oppressors accountable for their crimes. Our rigorous, objective investigations and strategic, targeted advocacy build intense pressure for action and raise the cost of human rights abuse. For 30 years, Human Rights Watch has worked tenaciously to lay the legal and moral groundwork for deep-rooted change and has fought to bring greater justice and security to people around the world.
LATEST NEWS
'We Cannot Let the Warmongers Win': US Progressives Reject Calls for Attack on Iran
"We must resist the U.S. becoming embroiled in another costly conflict abroad," said U.S. Rep. Barbara Lee.
Apr 15, 2024
Progressives in the U.S. Congress on Sunday urged the Biden administration to resist calls for an attack on Iran following the country's
retaliation against Israel for the deadly bombing of Tehran's consulate in Syria earlier this month.
The hawkish rhetoric came from both sides of the political aisle in the U.S.—Israel's main ally and weapons supplier.
U.S. Rep. Ritchie Torres (D-N.Y.), one of Congress' most fervent supporters of Israel's war on Gaza, claimed Iran is "the single most destabilizing force in the Middle East" and "must be held accountable for the aggression it has long shown toward Israel not only directly but also indirectly through proxies like Hezbollah, Hamas, and the Houthis."
U.S. Sen. Marsha Blackburn (R-Tenn.), directing her message at President Joe Biden, was more explicit in demanding an immediate military response from the U.S.
"We must move quickly and launch aggressive retaliatory strikes on Iran," Blackburn wrote on social media.
The number two Republican in the U.S. House, Rep. Steve Scalise (R-La.),
said Saturday that the chamber would "move from its previously announced legislative schedule next week to instead consider legislation that supports our ally Israel and holds Iran and its terrorist proxies accountable."
"The House of Representatives stands strongly with Israel, and there must be consequences for this unprovoked attack," Scalise added. "More details on the legislative items to be considered will be forthcoming."
"As leaders in Washington jump to call for war with Iran and rush additional offensive weapons to the Israeli military, we need to exercise restraint and use every diplomatic tool to de-escalate tensions."
Iran's launch of hundreds of drones and missiles on Saturday marked its first direct assault on Israel, which has repeatedly engaged in covert attacks inside Iranian territory. On April 1, Israel bombed Iran's consulate in the Syrian capital, killing diplomats and a senior Islamic Revolutionary Guard Corps commander.
Iran said its retaliatory firing of missiles and drones—most of which were intercepted—was in line with international law. One person, a seven-year-old girl, was seriously injured in the attack.
Israeli officials immediately vowed revenge, a pledge that intensified global calls for restraint to prevent the regional war in the Middle East from spiraling further out of control.
As
The Intercept's Ken Klippenstein and Daniel Boguslaw noted Sunday, the conflict "now involves at least 16 different countries," including the U.S., which "flew aircraft and launched air defense missiles from at least eight countries, while Iran and its proxies fired weapons from Iraq, Syria, and Yemen."
U.S. Rep. Cori Bush (D-Mo.), a vocal supporter of a cease-fire in Gaza, issued a statement Sunday condemning both Israel's attack on Iran's consulate and Tehran's response, which she said "threaten civilian lives and regional war."
"I also condemn the calls by members of Congress and others to initiate war with Iran; to do so without congressional authorization is blatantly unconstitutional," Bush said. "We cannot let the warmongers win; our country and our world are calling for restraint, de-escalation, a lasting cease-fire, and diplomacy. Our government must listen. That is how we save lives."
Bush urged the Biden administration to "take immediate steps, including at the U.N. Security Council and G7, to de-escalate and facilitate an immediate, lasting cease-fire in the region."
U.S. Rep. Barbara Lee (D-Calif.), the lone congressional no vote against the war in Afghanistan, similarly called on the Biden administration to "lead efforts toward de-escalation, diplomacy, and securing a permanent cease-fire in Gaza."
"We must resist the U.S. becoming embroiled in another costly conflict abroad, but rather lead toward peace and security in the region," Lee added.
Axiosreported Sunday that Biden told Israeli Prime Minister Benjamin Netanyahu directly that the U.S. would not "support any Israeli counterattack against Iran." An unnamed official told the outlet that "when Biden told Netanyahu that the U.S. will not participate in any offensive operations against Iran and will not support such operations, Netanyahu said he understood."
Echoing her progressive colleagues, U.S. Rep. Ilhan Omar (D-Minn.)
said Sunday that "as leaders in Washington jump to call for war with Iran and rush additional offensive weapons to the Israeli military, we need to exercise restraint and use every diplomatic tool to de-escalate tensions."
"Civilians in not only Gaza, Israel, the West Bank, and Iran but also Lebanon, Syria, Iraq, and Yemen are bearing the brunt of this escalation, and there must be a cease-fire on all sides," said Omar. "I will continue to call for de-escalation, restraint, and lasting peace."
Keep ReadingShow Less
UK Youth, Experts Occupy Coal-Sponsored Science Museum Gallery
"Why on Earth are we allowing a destructive industry to sponsor an educational exhibition whilst simultaneously setting fire to young people's futures?" asked Chris Packham.
Apr 14, 2024
A few dozen protesters from Youth Action for Climate Justice and Scientists for Extinction Rebellion this weekend occupied a new climate gallery at the Science Museum in London that is sponsored by the Indian coal and weapons giant Adani.
"To have a coal company sponsoring an exhibition on the future of energy is blatantly deceiving," Anya, a young person who occupied the Energy Revolution gallery, said in a statement. "Through this sponsorship deal, the Science Museum is helping Adani attach itself to the image of a positive and sustainable future when in reality it is a coal giant, weapons manufacturer, and genocide supporter. It's plain wrong for the Science Museum to be deceiving visitors, including young people like me, when it comes to the climate crisis."
The occupation came after over 150 people protested at the museum shortly before the gallery's opening last month. In response, an Adani representative claimed that the sponsorship—which has been condemned by climate action advocates since it was announced three years ago—was part of the company's effort to participate in the global energy transition. Ian Blatchford, director and chief executive of the Science Museum Group, defended the firm's involvement.
However, their comments didn't satisfy critics who participated in the weekend occupation. As Real Mediareported:
On Friday evening the activists smuggled in balloons and black paper which they used to create a large art piece—a mound of black coal—in the centre of the gallery. Their plan was to interact with the public on Saturday after their first night of occupation, including a People's Assembly to discuss the controversial sponsorship in the afternoon.
Police were called, but no arrests were made. However, perhaps embarrassed by the presence of the protest and their message about the climate-wrecking sponsors, the museum decided to prevent access to the gallery for the whole of Saturday, although supporters did come with more banners which they held near the entrance.
The protesters remained in the museum overnight on Saturday and ended their action on Sunday.
"It's not just Adani's brand that the Science Museum is greenwashing, they're also allowing the oil and gas giants BP and Equinor to sponsor their exhibits, disregarding the fact that these companies continue to expand fossil fuel production against the warnings of climate scientists," noted Aaron Thierry, one of the scientists who occupied the gallery.
"The latest science has shown we must leave the majority of fossil fuels unburned to prevent catastrophic changes to our climate," Thierry stressed. "That an institution like the Science Museum is working with such rouge companies is a disgrace. The museum's management needs to follow the example of Britain's other leading cultural institutions and drop all ties to the fossil fuel industry."
The young people and scientists were joined by naturalist and television presenter Chris Packham, who gave a speech Friday night.
"For me, science is the art of understanding truth and beauty and a lot of that beauty lies in the natural world. Science tells us that the fossil fuel industry is responsible for the accelerating destruction of our natural world," said Packham. "The Science Museum is a place to spark imagination, to provide answers but also to encourage us to ask questions."
"The question I'm asking today is a big one, 'Why on Earth are we allowing a destructive industry to sponsor an educational exhibition whilst simultaneously setting fire to young people's futures?'" he continued. "This is beyond greenwash—it's grotesque."
Packham emphasized that "we urgently need an 'Energy Revolution' to steer us away from the course of planetary destruction on which we are heading. We need a rapid, just transition to renewables—that revolution means an end to coal, and starts with the young people and scientists occupying this space this evening. Science tells us the truth, and the truth is that we must change."
Keep ReadingShow Less
Calls for De-Escalation Mount as Israel Plans to 'Exact a Price From Iran'
"Now is the time for restraint and diplomacy, not more unconditional support for military escalation," said one advocate.
Apr 14, 2024
Since Iran on Saturday sent hundreds of drones and missiles—which were mostly shot down—toward Israel to retaliate for an Israeli bombing of the Iranian consulate in Syria, anti-war voices around the world have called for de-escalation efforts.
"We are deeply concerned that Iranian retaliatory strikes following Israel's April 1 attack on its diplomatic compound in Damascus will move the region even further from the path to peace and security," said Jamal Abdi, president of the National Iranian American Council. "The launch of a significant attack on Israeli territory from Iran is without recent precedent and, unless there is a serious effort towards deconfliction, may confirm that Iran, Israel, and the United States are in the midst of the regional war that so many have feared."
"We call on the Biden administration to exercise the United States' considerable diplomatic leverage to restrain Israel and Iran to ensure this conflict does not spiral further out of control," he continued. "Far too many innocents have already suffered in the war that began October 7, and the cycle of violence and inhumanity must be broken."
"What's at stake is nothing less than stopping a regionwide war in the Middle East, which the United States would surely be drawn into."
Israeli Prime Minister Benjamin Netanyahu responded to the Hamas-led October 7 attack on Israel with an assault of the Gaza Strip called plausibly genocidal by the International Court of Justice. Israeli forces have killed at least 33,729 people, wounded 76,371 more, and obliterated civilian infrastructure, displacing most of the 2.3 million Palestinians who live in the besieged enclave.
Blasting Iran's Saturday attack on Israel as "another unacceptable turn in a dangerous escalation spiral," Win Without War executive director Sara Haghdoosti said that and U.S. President Joe Biden and senior administration officials "must use all their diplomatic heft and leverage to prevent further violence."
"What's at stake is nothing less than stopping a regionwide war in the Middle East, which the United States would surely be drawn into. There are no military solutions to this crisis—only diplomatic ones," she stressed. "The Israeli government's destructive and failing campaign in Gaza has driven violent instability throughout the Middle East, which was further exacerbated by Prime Minister Netanyahu's reckless attack on the Iranian embassy in Damascus. And the Iranian government's own inexcusable retaliation, which we utterly condemn, has put the lives of people across the region—including communities in Israel, Palestine, Lebanon, Syria, and Iran—at terrible risk."
While repeatedly urging the the Israel Defense Forces to more precisely target militants in Gaza over the past six months, the Biden administration has also opposed multiple United Nations cease-fire resolution and sent more weapons to Israeli troops while pushing for a support package worth more than $14 billion—on top of the $3.8 billion in annual military aid that the United States gives to Netanyahu's government.
"Preventing a regional war must be the top imperative and this may mean that Joe Biden must finally say 'no' to Israel and Netanyahu," argued Abdi. "Biden's bearhug approach towards Israel has completely failed and has put the U.S. at the risk of entering a war of choice—Netanyahu's choice. Israel launched a military attack on a diplomatic compound, violating international law and all but guaranteeing an Iranian response."
"Netanyahu appears eager to extend and expand the disastrous war in Gaza and draw the U.S. into a regional war and, by continually abetting the war and enabling Israel's worst instincts, Biden may have granted Netanyahu's wish," he said. "Now is the time for restraint and diplomacy, not more unconditional support for military escalation. President Biden must put his foot down to do what's necessary to prevent further military engagement between Israel and Iran and to demand a cease-fire to end the humanitarian tragedy in Gaza."
Israel this weekend fended off most of the Iranian drones and missiles with help from Jordan, the United Kingdom, and the United States. Benny Gantz—a member of the Israeli War Cabinet with Netanyahu and Defense Minister Yoav Gallant—said Sunday that his nation now intends to "build a regional coalition and exact a price from Iran, in a way and at a time that suits us."
Biden publicly reaffirmed "America's ironclad commitment to the security of Israel" but a White House official also confirmed to Reuters that during a call with Netanyahu, the president made clear the U.S. will not join any military offensives against Iran.
Denouncing the Iranian Islamic Revolutionary Guard Corps' retaliation against Israel, Center for International Policy president and CEO Nancy Okail said Sunday that "escalatory actions by both countries threaten to fan the flames of conflict throughout the region, endangering the lives of millions."
"We appreciate the apparent advance diplomatic efforts by the United States and others behind the scenes—as well U.S., U.K., and Jordanian participation in air defense measures—to minimize the impact of Iran's attack," she continued. "Prioritizing civilian protection and de-escalation was clearly the right approach and should continue to serve as the international community's objectives in the critical days and weeks ahead."
Okail emphasized that "achieving those goals requires not only arresting the escalation of violence between Israel and Iran, but securing a cease-fire in Gaza that halts the killing of civilians, releases the hostages, allows vital humanitarian aid to actually reach those who need it, and lowers tensions in the region. The continued unconditional supply to the Netanyahu government of the arms it is using in Gaza undermines those objectives, as well as U.S. and international law."
"Netanyahu's repeated disregard of U.S. red lines in Gaza, moves to deepen permanent occupation in the Palestinian territory, and escalation with Iran are destabilizing the entire region," she added. "With American forces already drawn into hostilities with the Iranian-backed Houthis and actively engaging Iranian missiles and drones, President Biden cannot afford to let the extremist prime minister continue to have a harmful, undue influence on the course of events. Hopefully, the president's efforts have averted a wider regional war with Iran; we urge him to bring that same level of effort to save the people of Gaza."
Trita Parsi, an expert on Iran and the Middle East and EVP at the Quincy Institute for Responsible Statecraft, said that "if you give Biden (deservingly) credit for having helped prevent the region from falling off the cliff last night, you must also give him credit for helping bring the region to the edge of the cliff in the first place by refusing to restrain Israel and blocking a cease-fire."
Keep ReadingShow Less
Most Popular